Otázka právního státu u Michela Foucaulta

This article analyses a theme which is at first sight is only indirectly present in Foucault’s work the question of the legal state. The author analyses a wide variety of Foucault’s texts, giving special attention to the first volume of the History of Sexuality and to the seminars on the genesis of bio-politics and on the origin of territory. He reaches the conclusion, on the basis of rather indirect indications, that in Foucault’s thought the question of the legal state is treated negatively as a concept that has no place in the analysis of the modern conception of power which Foucault is endeavouring to provide. Support for this attitude on the part of Foucault is given by a wide range of examples, ranging from the medieval conception of power to an analysis of modern ordoliberalism.